Opinion
Argued September 25, 1968
Decided September 27, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR M. CROMARTY, J.
Joseph A. Baum for appellant.
William S. Leahy and Robert J. Gill for respondent.
Order affirmed, without costs. (See Matter of Ippolito v. Power, 22 N.Y.2d 594, decided herewith.) No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, KEATING, BREITEL and JASEN, Judges BURKE and SCILEPPI solely on the ground that the names of the two candidates did not appear on the voting machines in two election districts. Judge BERGAN dissents and votes to reverse.